Worsening Condition - Revision or Appeal?

Hope you can help. I have been on ESA since 2008 and put in the WRAG. My last ESA50 was completed in Jan 2012 medical assessment on 22 June at which they were unable to produce my ESA50. DM took until 3 Sept to confirm that I have been put into WRAG. I am appealling this decision and they have confirmed that they will do a revision on the decision which I can appeal if they still determine I should be in the WRAG.
Since my completing the ESA50 my condition (OA) has deteriorated and I am now awaiting to go into hospital for my first total knee replacement. I cannot walk 50m without experiencing severe pain.
As I understand it they will only look at my condition as it was at the time of my assessment. What procedure do I need to follow to get them to reassess me due to a worsening of my physical condition?

Hi W_A_M,

You are correct in saying that the Tribunal can only look at your condition as it was when the first decision was made. If your condition has worstened, to the degree that you believe you now meet the Support Group criteria, you can contact DWP and tell them that you wish to request a 'supersession'/reassessment. In effect, this will be treated as a new claim and you will be required to fill in another ESA50 and might have to attend a face-to-face assessment. You should also be aware that the onus will be on you to provide evidence in support of this claim.

You can do this in tandem with your appeal but you should be aware that, if the appeal was to allocate you into the Support Group but the supersession put you into the WRAG again then your SG payment would only last until the date of the supersession decision. You would be entitled to appeal again (or ask for reassessment if this takes you up to the date of the new appeal regulations next year).

If this does not make sense, please feel free to ask further questions on this thread

Thanks for the reply I think I will request a supersession/reassessment. Reversing your example, what would be the effect of the Appeal confirming my WRAG status and the supersession/reassesment the putting me in the SG, would the latter stand?

Any more info on the new appeal regulation due next year - I have not heard about these.

many thsnks

If the appeal were to uphold the WRAG decision and the supersession put you into the Support Group,then you would be paid the WRAG amount up to the new decision and the Support Group amount thereafter (this is assuming that you will not be caught by the 365 day time limit for contributary WRAG).

Next year the claimant will only be able to submit an appeal after a reconsideration has been carried out. For people appealing against the refusal to award ESA, it seems that they will not be paid the assessment rate during the time it takes for the decison to be reconsidered. I think this is due to start in April 2013.